Legal Separation In California: Laws & How to File

Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.

Jeffrey Johnson, J.D. Deputy Legal Editor

Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.

Written By Jeffrey Johnson, J.D. Deputy Legal Editor

Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.

Jeffrey Johnson, J.D. Deputy Legal Editor

Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.

Deputy Legal Editor Brette Sember, J.D. contributor

Brette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.

Brette Sember, J.D. contributor

Brette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.

Brette Sember, J.D. contributor

Brette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.

Brette Sember, J.D. contributor

Brette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that.

Updated: Mar 20, 2023, 4:58am

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Table of Contents

Legal separation in California is similar to the divorce process, but retains the legal status of being married. This guide describes who can get a legal separation, why you might want one and how to obtain one.

What Is Legal Separation in California?

You’ve no doubt heard of separation before a divorce. In many states, a couple is required to separate for a certain period of time—six months to one year, usually—before they are allowed to proceed with a divorce.

Legal separation in California is different, however. Legal separation is an alternative to divorce with the ability to resolve many of the same issues as a divorce proceeding. The difference is that the marriage between the couple is still valid.

Why Get a Legal Separation Instead of Divorce?

There are any number of reasons that a couple might seek a legal separation rather than a divorce. Perhaps the most common is that one or both spouses disagree with divorce for moral or religious reasons. By completing a legal separation, they can financially disentangle from one another and establish rules for child custody and support without ending the marriage.

There are, of course, other reasons people may choose a legal separation in California rather than a divorce:

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Deputy Legal Editor

Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).

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